One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. She alleged that the at-fault drivers negligent tailgating caused her injuries. Biomet spinal fusion stimulator side effects may also include chronic . First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. Spinal injury settlements can help you recover lost income, medical expenses and more. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. But every situation is different, and thats why its important to speak with an attorney. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. It generally goes away after a few days or weeks. If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. Each patient is evaluated on an individual basis. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. You have back pain caused by degenerative disc disease. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. Doctors should clearly communicate the risks involved. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. to verify that an attorney is licensed in Florida. And heres a more specific example. Even though you might have chosen the best surgeons, sometimes procedures fail. 2019 Ted Fund Donors Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. When external measures like braces and therapy are not enough, surgery is usually required. The information is produced and reviewed by over 200 medical professionals with the goal of providing trusted, uniquely informative information for people with painful health conditions. Negligently performing the procedure and/or failing to recognize a complication. A 52-year-old man was rear-ended. Health officials are concerned that children may be at greater risk of nerve damage, chronic pain, weakness, and other complications due to their smaller size and growing skeleton. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. And your doctors should communicate any alternative treatment options available. overcome hurdles synonym LIVE There can be other causes of failed spinal fusion such as the hardware coming loose or infection and poor wound healing, but pseudarthrosis accounts for almost one-fourth of all revision fusion surgeries. Spinal fusion surgery significantly increases the potential value of any back injury claim. It depends on a number of things. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. The vertebrae make up the weight bearing capabilities of the spine. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. Your email address will not be published. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. The jury found the at-fault driver 100 percent liable. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. Veritas Health, LLC, 520 Lake Cook Road, Suite 350, Deerfield, IL, 60015, Comparison of 2-Level Cervical Artificial Disc vs. 2 Level ACDF, Lumbar Spine Fusion for Degenerative Disc Disease, Postoperative Care for Spinal Fusion Surgery, Back Surgery Video: How Spinal Fusion Stops Back Pain, Failed Back Surgery Syndrome (FBSS): What It Is and How to Avoid Pain after Surgery, Lumbar Decompression Back Surgery Considerations, Scar Tissue and Continued Pain After Back Surgery, Treatment for Failed Back Surgery Syndrome Video, What Causes Buttock Muscle Pain and How to Relieve it, Piriformis Syndrome: When the Symptoms Indicate a Medical Emergency, Massage to Reduce Buttock Muscle Pain from Piriformis Syndrome, Suffering from Lumbar Spinal Stenosis? Each vertebrae is made up of several parts. Working with David was a pleasure. But the results dont really add anything more than what is seen on the X-rays. From the first time I spoke to him I felt at ease with him as he seemed more concerned with my well-being before all. You have a right to hold guilty people liable for your suffering. Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. This website also references past case results from this firm, those are only a representation of our work and not a guarantee of a similar result for your case, or any case. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. If the answer is no, then you may have a case. Patricia was 56 when she had spinal fusion surgery. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. These concentrated synthetic proteins were used for spinal fusion surgery. Spinal Fusion Lawsuit. The name of this condition is adjacent segment disease. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. She then underwent a two-level cervical fusion. But for the patient with painful symptoms, if no graft was used in the first procedure, the surgeon may choose to take bone from a donor bank or from the patient and place it around the fusion site. Rods, screws or metal plates may also be implanted to stabilize the area. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. Or ache which starts from a certain area and moves to another. Therefore, spinal hardware (e.g. Free personal injury guides for download to print or save. But she was also in pain. That is one in five people. The manufacturer doesnt warn about the possible harm or defects in the implant. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. JZ helps (a Florida injury law firm). The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. The surgery can correct a herniated disc or repair a damaged spine. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Unfortunately, she was injured during the surgery. A spinal fusion is a major surgery. Nerve damage that is either temporary or permanent. A man was broadsided by a police officer. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. Theres a lot of debate about what is and what isnt a solid fusion. You have a right to hold guilty people liable for your suffering. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. Recovery from spinal surgery takes months. Suite 801A Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! A life taken away, and family and friends left to pick up the pieces. This is a tragedy that could have been prevented. If the spinal fusion is not successful the patient may feel back or leg pain, for example. What can the surgeon do for this problem? The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiffs injury and pain & suffering claim. They tend to have a good chance of being over $1,000,000. In addition, we service the following neighborhoods in Chicago: The Gold Coast, Goose Island, Magnificent Mile, Old Town, River North, River West, Streeterville, Loop, Near East Side, South Loop, West Loop Gate, Dearborn Park, Printer's Row, South Loop, Prairie Avenue Historic District, Old Town, North Side, North Center, Horner Park, Roscoe Village, Boystown, Lake View East, Graceland West, South East Ravenswood, Wrigleyville, West DePaul, Old Town Triangle, Park West, Ranch Triangle, Sheffield Neighbors, Wrightwood Neighbors, Belmont Gardens, Chicago's Polish Village, Kosciuszko Park, Belmont Gardens, Bucktown, Kosciuszko Park, Palmer Square. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. After the fusion, the mechanical work load may have increased. If you think that you have a case based on the circumstances discussed in this article. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. I would not say that. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. The next level of treatment in most back-injury cases is epidural steroid injections. The FDA issued a public health warning in 2008 regarding Medtronics Infuse Bone Grafts for use in cervical fusions, as the injection caused swelling of neck and throat tissue; compression of the airway and neurological structures in the neck; and difficulty swallowing and breathing. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. This is very true in back injury cases involving spinal fusion surgery. Despite the surgery, the womans C5-6 symptoms lingered. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. These failed fusions can be caused by hardware failures. Houston, TX 77057, The information on this website is for general information purposes only. In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a cage to reinforce the spinal column while the vertebrae fuse. Pain or a feeling of numbness starting from the low back and spreading down the legs. Aching at a new location, different from the surgery site. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. I have had to resign my teaching position and I have no quality of life. Finding the best attorney to represent you, Personal injury vs. workers compensation, Food and Drug Administration approved Medtronics Infuse Bone Grafts, gone unreported by Medtronic in 13 studies, medical malpractice claims for unnecessary surgeries, Jules Guerin conducted the first fusions for patients with scoliosis, Spinal interventions became very necessary in the 1900s, Tips on finding a qualified personal injury attorney - where to look, Choosing a personal injury attorney interview questions. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Doctors should clearly communicate the risks involved. The most widespread are: It depends on a number of things. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. The risk increases when more than one vertebrae level is fused. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. How does the physician diagnose pseudarthrosis? It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Two women underwent spinal fusions performed by the same surgeon. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. Poor surgical technique. The man underwent multiple procedures. There isn't a one-size-fits-all method of recovery after a failed first fusion. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. Californias median settlement value for neck and back injury is some of the highest in the US, with an average of $1,728,491 and median of $1,535,500. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Many lawsuits have been filed against manufacturers of these products, including Medtronic. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. 1999-2023 Veritas Health, LLC. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. This can make botched spinal fusion lawsuits harder to win. Surgery increases the full value of a personal injury case, car accident in Florida while visiting from another state, Hit by a car or truck while youre on a motorcycle, factors that can affect the value of an injury case, his or her percentage of fault reduces the compensation that is owed, Excellent paying insurance company like Nationwide, Palm Beach County jury awarded a Chipotle customer $1,351,361.54, loss of capacity for the enjoyment of life, State Farm Mutual Automobile Insurance Company v. Harmon, Fla: Dist. Very often, a form of tuberculosis emerged in a patients vertebrae. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. All Rights Reserved.The Schmidt Firm, PLLC | 3500 Maple Ave, Suite 1250 | Dallas, TX 75219 | (866) 920-0753Sitemap | Privacy Policy | Disclaimer, Call Today for a FREE Confidential Case Review. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. He argued that the man excessively sped and failed to observe his vehicle. Each section is made of individual bones called vertebrae. The police officer denied liability. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. If you or a loved one are suffering from these devastating effects, we want to help. Studies show that fusion is almost always possible but symptoms dont always change as a result. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. The canals of the spine might start to narrow and the nerves right below and above the immobilized by the fusion sector might be affected. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. They should tell you about potential spinal fusion complications. https://schwanerinjury.com/wp-content/uploads/2018/12/spine.jpg, https://schwanerinjury.com/wp-content/uploads/2016/04/Logo-837x321.png, Spinal Fusion Lawsuits and Settlement Guide. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. They were told that these procedures were necessary. It's connected to patients who feel pain after having spinal surgery that remains the same or is new and is located in their back or leg. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. Your surgeon is responsible for medical malpractice with spinal fusion surgery if: In order to prove medical malpractice when it comes to failed spinal fusion surgery, you need to determine whether another reasonably competent surgeon is the same position would make the mistake. But little did she know, that her surgeon. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. The metal pieces hold the bones together while it heals. Unfortunately, she was injured during the surgery. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. This case settled for $700,000. Copyright 2020 The Schmidt Firm, PLLC. The attorney listings on this site are paid attorney advertising. But there are so many variables that come into play so dont discount your situation without talking to a professional. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. It is also used in eliminating pain along the spine. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. Chicago, IL 60602. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Like we covered earlier, it varies from state to state, and a lot. I can speak for personal injury cases in Florida. Yes. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. Most attorneys would just take their cut and run, but Dave did just that with a referral. The term back injury is an umbrella term that refers to any and all injuries involving the bones, discs, and nerves in the spinal cord. There are deformities in your spine that you need to repair. In this review article, orthopedic spine surgeons from George Washington University Medical School bring us up-to-date on the problem of pseudarthrosis after spinal fusion. However, if you live in Florida and the incident happened in another state, we may be able to represent you.